CC Resolution 2016-047 CMFA PACE ProgramRESOLUTION NO. 2016 - 047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, CONSENTING TO THE INCLUSION
OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN
THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN
PACE PROGRAMS; AUTHORIZING THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY TO ACCEPT
APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF
THE CITY; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Municipal Finance Authority (the "Authority") is a joint
exercise of powers authority, the members of which include numerous cities and
counties in the State of California, including the City of La Quinta (the "City); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy
(PACE) programs, which it has designated CMFA Open PACE, consisting of CMFA Open
PACE programs each administered by a separate program administrator (collectively
with any successors, assigns, replacements or additions, the "Programs"), to allow the
financing or refinancing of renewable energy, energy efficiency, water efficiency and
seismic strengthening improvements, electric vehicle charging infrastructure and such
other improvements, infrastructure or other work as may be authorized by law from
time to time (collectively, the "Improvements") through the levy of contractual
assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code
("Chapter 29") within counties and cities throughout the State of California that
consent to the inclusion of properties within their respective territories in the
Programs and the issuance of bonds from time to time; and
WHEREAS, the program administrators currently active in administering
Programs are Energy Efficient Equity, Inc.; BlueFlame PACE Services LLC; OnPACE
Energy Solutions, LLC; and Structured Finance Associates, LLC; and the Authority will
notify the City in advance of any additions or changes; and
WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner or owners of each lot or
parcel on which an assessment is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property ("Participating
Property Owners") within its territory to participate in the Programs and to allow the
Authority to conduct assessment proceedings under Chapter 29 within its territory
and to issue bonds to finance or refinance Improvements; and
Resolution No. 2016-047
PACE
Adopted: December 20, 2016
Page 2 of 4
WHEREAS, the territory within which assessments may be levied for the
Programs shall include all of the territory within the City's official boundaries; and
WHEREAS, the Authority will conduct all assessment proceedings under
Chapter 29 for the Programs and issue any bonds issued in connection with the
Programs; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale, administration
repayment or guarantee of any bonds issued in connection with the Programs;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. This City Council hereby finds and declares that the foregoing recitals are
true and correct.
SECTION 2. This City Council hereby finds and declares that properties in the territory
of the City will benefit from the availability of the Programs within the territory of the
City and, pursuant thereto, the conduct of special assessment proceedings by the
Authority pursuant to Chapter 29 and the issuance of bonds to finance or refinance
Improvements.
SECTION 3. In connection with the Programs, the City hereby consents to the
conduct of special assessment proceedings by the Authority pursuant to Chapter 29
on any property within the territory of the City and the issuance of bonds to finance or
refinance Improvements; provided, that
(1) The Participating Property Owners, who shall be the legal owners of such
property, execute a contract pursuant to Chapter 29 and comply with other applicable
provisions of California law in order to accomplish the valid levy of assessments; and
(2) The City will not be responsible for the conduct of any assessment proceedings;
the levy of assessments; any required remedial action in the case of delinquencies in
such assessment payments; or the issuance, sale, administration, repayment or
guarantee of any bonds issued in connection with the Programs.
SECTION 4. The appropriate officials and staff of the City are hereby authorized and
directed to make applications for the Programs available to all property owners who
wish to finance or refinance Improvements; provided, that the Authority shall be
responsible for providing such applications and related materials at its own expense. A
chosen staff member by the Mayor or City Manager of the City from time to time, can
Resolution No. 2016-047
PACE
Adopted: December 20, 2016
Page 3 of 4
be designated as the contact person for the Authority in connection with the
Programs.
SECTION 5. The appropriate officials and staff of the City are hereby authorized and
directed to execute and deliver such certificates, requisitions, agreements and related
documents as are reasonably required by the Authority to implement the Programs.
SECTION 6. The City Council hereby finds that adoption of this Resolution is not a
"project" under the California Environmental Quality Act, because the Resolution does
not involve any commitment to a specific project which may result in a potentially
significant physical impact on the environment, as contemplated by Title 14, California
Code of Regulations, Section 15378(b)(4)).
SECTION 7. This Resolution shall take effect immediately upon its adoption. The City
Clerk is hereby authorized and directed to transmit a certified copy of this resolution to
the Financial Advisor of the Authority at: California Municipal Finance Authority, 2111
Palomar Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 20th day of December, 2016, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
VL
SUSAN MAYSELS, City Cler
City of La Quinta, California
(CITY SEAL)
Resolution No. 2016-047
PACE
Adopted: December 20, 2016
Page 4 of 4
APPROVED AS TO FORM:
�1y
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California